Risk Reduction Resources

Minors and the Right to Consent to Health Care Treatment

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States have historically recognized the right of parents to make health care decisions on their children's behalf. There are situations, however, where parental consent is not reasonable or appropriate. Federal and state policies have established that some minors have the capacity and perhaps the right to make important decisions about their health care treatment.

Apart from these statutes, which give minors the right to consent to specific kinds of health care treatment, there may be other unique circumstances in which the patient, although technically a minor, is entitled to be treated as an adult. For example, it is unnecessary to wait and obtain parental consent to treat a child in the event of a medical emergency that places his or her life or health in danger.

Additionally, a minor who is "emancipated" or who lives as an adult does not require parental consent for health care treatment. Generally, the treatment of an emancipated minor is permitted so long as the minor is able to give informed consent.

Depending on state law, a minor may be considered emancipated if one of the following applies:

• Lives separately and is independent of parental support
• Married (is or was legally married)
• A member of the Armed Forces (is or was)
• Emancipated by Court Order

Balancing the rights of parents and the rights of minors remains an area of controversy. There is an acknowledgment on the part of lawmakers that while parental involvement is desirable, many minors will not seek certain services if they have to inform their parents. The laws encourage young people to seek the health care services they need and allow them to speak candidly and confidentially with their health care providers.

Most youth-serving agencies and medical professionals believe that access to confidential services is essential because many sexually active adolescents will not seek care if they must inform a parent or have their parent's consent. Minors' consent laws have become extremely important for these situations.

When there is ongoing disagreement about a patient's best interest or treatment recommendations, consider seeking consultation with the institution's ethics committee or other institutional resources (E-2.2.1 2.2.1 Pediatric Decision | AMA).

State Laws

Maine Law

A minor may consent to the following care by Maine law:

• Blood donation at age 17
• Sexual assault forensic exam
• Testing for sexually transmitted diseases (STDs)
• Treatment for substance use disorder
• Treatment for emotional or psychological problems
• Treatment of STDs or drug or alcohol abuse in the hospital setting, but parental consent is required if the hospitalization continues for more than 16 hours
• Family planning services
  • Abortion: Title 22, §1597-A: Consent to a minor's decision to have an abortion
  • Gender-affirming hormone therapy: Title 22, §1508: Consent for gender-affirming hormone therapy

New Hampshire Law

For general medical care of a minor, the New Hampshire Medical Society states, "Any minor of sound mind is legally capable of consenting to medical treatment provided that such minor is of sufficient maturity to understand the nature of such treatment and the consequences thereof."

General Rule: New Hampshire has no single statute granting all minors the right to consent to medical treatment. However, case law recognizes the 'mature minor' doctrine in limited contexts (e.g., In re Berg, 152 N.H. 658 (2005)), allowing minors of sufficient maturity to consent if they understand the nature and consequences of the treatment. This doctrine is not codified as a broad right for all types of care. Citation: Common law; In re Berg, 152 N.H. 658 (2005).

Sexually Transmitted Infections (STIs): Minors aged 14 years or older may consent to diagnosis and treatment for sexually transmitted infections without parental consent or notification. Citation: RSA 141-C:18.

Drug Dependency Treatment: Minors aged 12 years or older may consent to treatment for drug dependency or drug-related issues without parental consent. This includes care from physicians, APRNs, hospitals, clinics, or public agencies. Citation: RSA 318-B:12-a.

Blood Donation: Minors aged 17 or older may donate blood without parental consent. Minors aged 16 may donate with written parental consent, and married minors may donate regardless of age. Citation: RSA 571-C:1.

Sexual Assault Medical or Forensic Exams: Survivors of sexual assault, including minors, have statutory rights to receive medical and forensic exams and cannot be charged for them. While no statute explicitly outlines minor-only consent, these rights ensure minors can access exams; reporting to child protection authorities is required for those under 18. Citation: RSA 21-M:18; RSA 21-M:19.

Mental Health Care: There is no statute broadly allowing minors to consent independently to outpatient mental health care. RSA 135-C:12 provides that community mental health services for minors generally require parental consent, unless another legal exception applies. Proposed 2023–2024 bills (HB 114, SB 573) aimed to expand minor consent rights but were not enacted. Citation: RSA 135-C:12.

Contraceptive and Reproductive Health Services: New Hampshire law does not explicitly authorize minors to consent independently to contraception. However, minors may obtain contraceptive services through federally funded Title X clinics, which operate under federal confidentiality rules that do not require parental involvement. Citation: Federal Title X program; no specific RSA.

Abortion and Pregnancy Termination: State law requires parental notification (not consent) at least 48 hours before performing an abortion for an unemancipated minor. Judicial bypass and emergency exceptions are available, and court proceedings are confidential and expedited. Citation: RSA 132:32–36.

Vermont Law

Although Vermont law is vague, minors have historically consented to their own treatment in the following:

Emergency Medical Treatment: Minors of any age may be treated in emergency situations when immediate care is necessary to prevent serious harm or death. This authority arises from common law and the general medical necessity doctrine. Citation: Common law; no specific statute.

Treatment of Drug or Alcohol Abuse, or Sexually Transmitted Disease (STD/STI): Age 12 or older, 18 V.S.A. § 4226, a minor 12 or older may consent to examination and treatment for venereal disease, drug dependence, or alcoholism. No parental consent is required. If hospitalization is needed, the statute is silent on parental notification, but older guidance suggests parents should be notified if immediate hospitalization occurs.

Outpatient Mental Health Treatment: A minor of any age may consent to receive legally authorized outpatient treatment from a mental health professional. Parental consent is not required for outpatient services. Citation: 18 V.S.A. § 8350.

Inpatient Mental Health Admission (Voluntary): A person aged 14 years or older may voluntarily admit themselves to a psychiatric hospital or youth treatment facility by providing written informed consent. Citation: 18 V.S.A. § 7503.

Inpatient Mental Health Admission (Under 14): A minor under 14 may only be admitted voluntarily for inpatient mental health treatment with a written application by a parent or guardian. Citation: 18 V.S.A. § 7503.

Blood Donation: Minors who are at least 16 years old may donate blood without parental consent. Citation: 18 V.S.A. § 9.

Reproductive and Contraceptive Health Care: Vermont law protects the right of every individual to make decisions about contraception and pregnancy outcomes. There is no parental consent requirement for minors seeking contraception or abortion services. Citation: 18 V.S.A. § 9493 (Reproductive Liberty).

Care Related to Rape, Incest, or Sexual Abuse: Minors of any age may receive medical care related to rape, incest, or sexual abuse. Health care professionals are required to report suspected abuse to the Department for Children and Families within 24 hours. Citation: 33 V.S.A. § 4911 et seq.

Emancipated Minors/Married Minors/Active Military Duty: An emancipated minor, or one legally married or serving on active military duty, is treated as an adult for consenting to medical care. Citation: 12 V.S.A. §§ 7151–7157 (Emancipation Proceedings).

Massachusetts Law

Under Massachusetts law, minors (persons under the age of 18) are generally considered to lack the legal capacity to consent to medical treatment.

Massachusetts law provides that a minor may give consent to medical or dental care if they are:

• Married, widowed, or divorced
• A parent of a child
• A member of the Armed Forces
• Pregnant or believes themself to be pregnant
• Living separate and apart from their parents or legal guardian, and is managing their own financial affairs
• Reasonably believe themselves to be at risk of exposure due to sexual activity or to be suffering from or to have come in contact with any disease defined as dangerous to public health
• A minor may consent:
  • To family planning services
  • Is twelve years of age or older, who is found to be drug dependent by two or more physicians, may give consent to treatment related to this diagnosis, as stated in Massachusetts General Laws, Chapter 112, § 12E.
  • Is sixteen years of age or older may commit themselves to a mental health facility
  • If they believe they have contracted a dangerous, contagious disease, diseases dangerous to public health, and STDs

Under Massachusetts General Laws, Chapter 112, § 12S, abortion requires the consent of the minor patient as well as both parents.

Ensuring Confidentiality When Minors Consent to Health Care Treatment

As provided by law, a minor who may consent to healthcare services is entitled to the same confidentiality afforded to adults. When a minor who has the right to consent to their own treatment presents for care, they should always be informed that if their insurance coverage is provided by their parents, and the insurance is billed for the visit, their parents will receive notification from the insurer that the visit occurred. The healthcare provider should offer the minor the option to make other payment arrangements to maintain the confidentiality of their treatment. (If a minor comes to an Emergency Department for care, ensure no payment questions are asked until the minor has received a Medical Screening Exam (MSE) to avoid an EMTALA violation.)

Information in a minor's record that is protected by statute should only be released with the minor's consent. If state law allows a minor to consent to their own medical treatment, the minor has the exclusive right to consent to the release of related information, as supported by 45 C.F.R. § 164.502(g)(3).

To protect minor patients' rights to privacy and confidentiality, ensure there is a process in place for patient portal accounts that reflects your state laws governing privacy and confidentiality. Ensure staff are educated on the process.

Imminent Harm / "Safety" Exception

Most confidentiality laws contain a so-called "safety" or similar exception, which allows (and in some instances, requires) a mental health provider to disclose confidential information to protect the patient or another person from serious harm.

The minor patient should be informed that in circumstances where there is a possibility of imminent harm to themselves or others, confidentiality may be forsaken to protect them or another person. Inform them of what information needs to be disclosed and to whom. The patient should also be given the opportunity to make the disclosure to their parents or others on their own.

Specific instances include:

• Suicidal ideation
• Homicidal ideation
• Physical abuse
• Sexual abuse
• Behaviors that put one at risk for physical harm

Resources

Sharko, M., Jameson, R., Ancker, J. S., Krams, L., Webber, E. C., & Rosenbloom, S. T. (2022). State-by-state variability in adolescent privacy laws.Pediatrics, 149(6), Article e2021053458.

Essential Access Health. (2024, September). Best practices for implementing a patient portal for teens receiving confidential services. https://www.essentialaccess.org/sites/default/files/EssentialAccess-Implementing-Patient-Portal-for-Teens-2.pdf

Updated on: 12/2025